Bishop Municipal Code Ch. 8.08 Abatement of Weeds and Refuse

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. In front of which the nuisance exists means to the rear of and abutting the property upon which a nuisance exists.

B. Street means any public street, alley, land, court or other place within the city.

C. Superintendent means the street superintendent of the city, assistants and deputies.

D. Weeds means weeds, when mature, that bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous.

(Prior Code, § 10-1; Code 1985, § 8.08.010)

The city council may declare by resolution as public nuisances, and abate all weeds growing upon the streets, sidewalks or private property in the city and all rubbish, refuse and dirt upon parkways, sidewalks or private property in the city.

(Prior Code, § 10-2; Code 1985, § 8.08.020)

A. The resolution declaring a nuisance of any weeds, rubbish, refuse or dirt shall contain the following:

1. A reference to the street by its commonly known name;

2. A description of the property upon which or in front of which the nuisance exists, by giving its lot and block number according to the official or city assessment map.

B. Any number of streets, sidewalks or parcels of private property may be included in one resolution.

(Prior Code, § 10-3; Code 1985, § 8.08.030)

The city clerk shall cause each resolution declaring a nuisance of any rubbish, refuse, weeds or dirt to be published at least once in the official newspaper of the city.

(Prior Code, § 10-4; Code 1985, § 8.08.040)

After the passage of a resolution as described in section 8.08.020, the street superintendent shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists, and such notices shall be placed as follows:

A. One notice to each separately owned parcel of property of not over 50 feet frontage;

B. Not more than two notices to any parcel of 100 feet frontage or less;

C. Notices at not more than 100 feet apart if the frontage of such a parcel is greater than 100 feet.

(Prior Code, § 10-5; Code 1985, § 8.08.050)

The heading of the notices posted pursuant to section 8.08.050 shall be "Notice to Destroy Weeds and Remove Rubbish, Refuse, and Dirt'" in letters not less than one inch in height. The notice shall be substantially in the following form:

Notice to Destroy Weeds and Remove Rubbish, Refuse and Dirt:

Notice is hereby given that on the _____ day of _______ 20___, the city council passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse, and dirt were upon or in front of property on this street, in ________, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. Otherwise, they will be removed and the nuisance abated by the city and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of the resolution is on file in the office of the city clerk.

All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the city council of the city to be held at o'clock ___.m. on the _____ day of _______ 20___, when their objections will be heard and given due consideration.

Dated this _____ day of _______ 20___.

(Prior Code, § 10-6; Code 1985, § 8.08.060)

The notice described in section 8.08.060 shall be posted at least five days prior to the time for hearing by the city council of objections to a proposed abatement of weeds, rubbish, refuse or dirt.

(Prior Code, § 10-7; Code 1985, § 8.08.070)

As an alternative to posting notices provided under section 8.08.050, the city council may direct the city clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The city clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date when the resolution was adopted by the city council.

(Prior Code, § 10-8; Code 1985, § 8.08.080)

The notices mailed by the city clerk pursuant to section 8.08.080 shall be mailed at least five days prior to the time for hearing objections by the city council.

(Prior Code, § 10-9; Code 1985, § 8.08.090)

All notices mailed by the city clerk pursuant to section 8.08.080 shall be in substantially the form as set forth in section 8.08.060, except that notices which are mailed shall be signed by the city clerk and the heading of the notice need not be in letters one inch in height as provided in section 8.08.060.

(Prior Code, § 10-10; Code 1985, § 8.08.100)

At the time stated in the notices prescribed in this chapter, the city council shall hear and consider any objections or protests to the proposed removal of weeds, rubbish, refuse and dirt, and may continue the hearing from time to time.

(Prior Code, § 10-11; Code 1985, § 8.08.110)

By motion or resolution at the conclusion of the hearing of objections relative to the removal of weeds, rubbish, refuse or dirt, the city council shall allow or overrule any or all objections, whereupon the city council shall be deemed to have acquired jurisdiction to proceed and perform the work of removal, and the decision of the city council shall be deemed final and conclusive.

(Prior Code, § 10-12; Code 1985, § 8.08.120)

If no objections have been made relative to a proposed abatement of weeds, rubbish, refuse or dirt or after the city council has disposed of those made, it shall order the street superintendent to abate the nuisance by having the weeds, rubbish, refuse and dirt removed. The order shall be made by motion or resolution.

(Prior Code, § 10-13; Code 1985, § 8.08.130)

The street superintendent, the superintendent's assistants, or deputies, upon the issuance of an order by the city council to remove weeds, rubbish, refuse or dirt constituting a nuisance, may enter upon private property to abate the nuisance.

(Prior Code, § 10-14; Code 1985, § 8.08.140)

A. The street superintendent shall keep an account of the cost of abatement of weeds, rubbish, refuse or dirt in front of or on each separate parcel of land where the work is done by them. The superintendent shall submit to the city council for confirmation an itemized written report showing such cost.

B. A copy of such report shall, for at least three days prior to its submission to the city council, be posted on or near the front door of the city hall, with a notice of the time of submission.

C. At the time fixed for receiving and considering the report, the city council shall hear the objections of the property owners liable to be assessed for the abatement. It may modify the report as is deemed necessary. The city council shall then confirm the report by motion or resolution.

(Prior Code, § 10-15; Code 1985, § 8.08.150)

Before the street superintendent arrives upon property to abate weeds, rubbish, refuse or dirt, any property owner may remove the weeds, rubbish, refuse and dirt at their own expense.

(Prior Code, § 10-16; Code 1985, § 8.08.160)

Abatement of the nuisance created by weeds, rubbish, refuse or dirt may, in the discretion of the city council, be performed by contract awarded by the city council on the basis of competitive bids let to the lowest responsible bidder pursuant to Government Code §§ 20160 through 20175. In such event, the contractor shall keep the account and submit the itemized written report for each separate parcel of land as required by section 8.08.150.

(Prior Code, § 10-17; Code 1985, § 8.08.170)

The cost of abatement of a nuisance caused by weeds, rubbish, refuse or dirt in front of and upon each parcel of land under this chapter shall constitute a special assessment against that parcel if such abatement is by the street superintendent or by a person under a contract with the city. After the assessment is made and confirmed, it is a lien on the parcel.

(Prior Code, § 10-18; Code 1985, § 8.08.180)

A. After confirmation of the report of costs of abatement under this chapter, a certified copy of the same shall be filed with the county auditor on or before August 10. The distributions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year.

B. The assessment and collection shall be made pursuant to the provisions of Government Code §§ 39580 through 39583.

(Prior Code, § 10-19; Code 1985, § 8.08.190)

The street superintendent or the city administrator may receive the amount due on abatement cost under this chapter and issue receipts at any time after the confirmation of the report of costs and until ten days before a certified copy is filed with the county auditor on August 1 following the confirmation of the report.

(Prior Code, § 10-20; Code 1985, § 8.08.200)

If the city council finds that property damage was caused by the negligence of a city officer or employee in connection with the abatement of a nuisance pursuant to this chapter, a claim for such damages may be paid from the city general fund.

(Prior Code, § 10-21; Code 1985, § 8.08.210)